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Who can have access to confidential client information (also known as
“protected health information” or “PHI”) in conjunction with the referral,
review and disposition activities of the SPOA?
All participating members of a SPOA whose agencies have a signed
agreement with the county for sharing confidential client information/PHI
may have access to confidential client information to the extent necessary
for them to fulfill their responsibilities under SPOA. In cases where a specific
agency actually operates the SPOA, the county-based agreement would need
to also include this agency in its SPOA operation role.
Anyone who is listed on the Release of Information (ROI) signed by the client
being referred (or in cases involving a minor, the adult responsible for the minor’s
health care decisions) has access to confidential client information/PHI as identified
in the ROI.
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The OCMS Notice of Privacy Practices describes how medical information about you may be used and disclosed and how you can get access to this information.
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1. The ROI should always indicate what information is being released,
to whom, and for what purpose.
2. The ROI should indicate whenever possible the specific names of
the individuals as well as the agencies that they represent, where applicable.
3. The ROI is an instrument used to facilitate the unimpeded flow of
information between and among the parties who have a legitimate need
to review this information as part of their participation in the SPOA process.
If there is ever a question about whether information has been authorized by
the client for use by the SPOA, it is always preferable to have a signed ROI.
4. There may be instances when a SPOA deliberation could occur in the
absence of a ROI signed by the client, e.g. if a SPOA meeting occurred involving
a group of participants who represent agencies that have a formal written agreement
with each other through the county.
It is important that providers participating in the
SPOA who are required to comply with HIPAA make sure that the Notice of Privacy
Practices that they provide to their clients advises clients that their PHI may be
disclosed to other government agencies providing benefits or services.
5. The use of the ROI is always guided by respect for confidential client information,
the need to arrange services in a timely and appropriate manner, legal constraints
and requirements, and the exercise of good clinical judgment.
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